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In the year 2006, multiple petitions were filed in the Jammu wing of High Court. The petitions demanded that the notification which was passed by the Government should be rescinded which mandated the work experience for the post of Deputy Medical Superintendent should be at least three years. The court passed the order directing the Government to not appoint any person for the post till the dispute is resolved by the Court.
Post this, the petitioners stopped with their proceeding against the matter as the last listing to this case dates back in 2008. The matter was in the Supplementary cause list when the Court took up the matter again. While inquiring about the matter the Court founded out that a similar suit was filed in the Srinagar wing of High Court, which was settled in October 2019.
Furthermore, the High Court found that three out of eight candidates were selected for the concerned post back in 2007 against its order, which was challenged in the Srinagar High Court. The High Court of Srinagar approved those appointments and granted the petitioners to be assigned with other jobs on a retrospective basis.
Due to the numbness and lack of responsibility on the part of Department of Health and Medical Education and the Jammu and Kashmir Public Service Commission, the High Court initiated a Suo Moto contempt against the aforementioned authorities for non-compliance with the orders of the bench, delivered in the matter which dates back to the year 2006. Further, the bench comprising of Justice Rajesh Bindal also imposed a fine of Rupees one lakh on each of the concerned department for the lack of proper undertaking of their functions regarding this matter.
The High Court in its order stated that
“Suo-moto contempt proceedings have been initiated in the case in hand for the reason that there is a dire need to inculcate the habit of complying with the Court orders in the Union Territory of Jammu and Kashmir, which otherwise are taken casually.”
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